What is a Child Neglect Charge in Chicago, Illinois?
Child neglect in Chicago involves knowingly placing or allowing a child under 18 to be in a situation that endangers their life or health. Neglect is when a parent or caregiver fails to meet the basic standard of caring for a child’s needs.
Examples of this include:
- Inadequate supervision
- Neglectful environment
- Environmental dangers
- Failure to protect
In addition to the possibility of facing criminal charges, an alleged child neglect offense can result in a DCFS investigation, which can lead to child removal or a safety plan.
Facing child neglect allegations in Chicago? Whether you need assistance navigating a DCFS investigation and/or defending yourself against criminal charges, our Chicago child neglect lawyers are prepared to go to bat for you. Call our office today at (314) 900-HELP.
What is Considered Child Neglect in Chicago?
Something as simple as leaving a child under the age of six unattended, for over 10 minutes, in a vehicle can result in a child neglect charge.
Other common situations where child neglect allegations might arise include:
- Allowing a child to be in a home with illegal drugs
- Leaving a child with an abusive person
- Allowing a child to live with lack of heat, running water or electricity
- Ignoring a child’s serious injuries or illnesses
- Allowing a child to chronically miss school
- Leaving a child without arranging supervision
How Child Neglect Allegations are Reported and Investigated in Chicago
DCFS has a 24/7 hotline where you can report child neglect and many individuals, such as teachers, doctors and counselors, are mandated reporters who are legally required to report suspected neglect.
After an allegation of child neglect is made, DCFS will send a child protection specialist to speak with the child and pay a visit to his home. They will then have 60 days to complete an investigation and decide if the report was “indicated” or “unfounded.”
What Happens During a Chicago DCFS Neglect Investigation
The process usually involves:
- Determining whether immediate danger is involved (if they think it is, they can remove the child from the home or enact a safety plan, where the child temporarily stays with a relative)
- Visiting the home to observe the child and his environment
- Interviewing the child, caregivers, and potential witnesses (such as teachers or neighbors)
- Rendering an “indicated” or “unfounded” finding
If an indicated finding is made, you have 60 days to request an appeal hearing with an administrative law judge who will review the evidence in your case.
Chicago Penalties for Child Neglect
Depending on the circumstances surrounding your case, you could be facing a standard Class A misdemeanoror a Class 3 felony offense, if this is a subsequent offense or your case involves aggravated or fatal neglect.
Penalties for child neglect include:
- First-time offense: You can expect to face 364 days in jail and fines up to $2,500.
- Subsequent offense: You can expect to face 2-5 years in prison and fines up to $25,000.
- Aggravated/fatal neglect: You can expect to face a prison sentence up to 10 years.
Other consequences you could face are a DCFS investigation which could result in the termination of your parental rights. If an indicated finding of child neglect or abuse is made by DCFS, you are also named in the State Central Register for a minimum of 5 years, which can affect your employment.
How a Chicago Neglect Case Can Affect Your Parental Rights
A neglect case in Chicago can affect your parental rights in a number of ways, including:
- Your child(ren) could be temporarily removed from your home
- You may face supervised visitation or a temporary no-contact order
- You may face a case in juvenile court, where you can be monitored / issued orders about where your child lives / be forced to attend regular court appearances
- You may have to complete parenting classes, counseling, substance abuse treatment or participate in home visits to maintain or regain your parental rights
- You may have your custody of and decision making rights for your child limited
- In serious cases, you could have your parental rights terminated
Common Mistakes to Avoid During a Chicago Child Neglect Investigation
It is important that you secure trusted legal counsel immediately, so that you don’t make critical mistakes that could jeopardize your Chicago child neglect investigation.
Common mistakes you might make during a child neglect investigation include:
Making Statements That Can Be Used Against You
- Speaking without legal counsel
- Admitting to perceived wrongdoing
- Talking about the case with others or on social media
- Speaking with your child or witnesses about the case
Misunderstanding Your Rights During the Investigation
- Assuming you have to let DCFS into your home
- Allowing your child to be interviewed alone
Reacting Emotionally and Making Things Worse
- Being openly hostile / refusing all cooperation with DCFS
- Believing the investigator is on your side
- Violating a safety plan
Failing to Prepare Your Defense
- Not gathering evidence to tell your side of the story
- Failing to document what happens (records of visits, calls, instructions)
- Failing to correct inaccuracies in the report
Delaying Decisions and Hurting Your Case
- Failing to take the investigation seriously
- Waiting too long to retain legal representation
